Shire of Pingelly Minutes - Ordinary Council Meeting 17 February 2021
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Minutes of the Ordinary Meeting of Council held in the Council Chambers, 17 Queen Street, Pingelly on Wednesday 17 February 2021 – commencing at 2pm. Contents 1. DECLARATION OF OPENING / ANNOUNEMENT OF VISITORS ............................................... 3 2. ACKNOWLEDGEMENT OF COUNTRY ....................................................................................... 3 3. ANNOUNCEMENTS BY THE PRESIDING MEMBER .................................................................. 3 3.1 Council Agenda Reports ............................................................................................................... 3 4. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE ..................... 3 5. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE.................................... 3 6. PUBLIC QUESTION TIME ........................................................................................................... 3 7. APPLICATIONS FOR LEAVE OF ABSENCE ............................................................................... 3 8. DISCLOSURES OF INTEREST ................................................................................................... 3 9. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS....................................................... 4 9.1 Ordinary Meeting – 9 December 2020 .......................................................................................... 4 10. PETITIONS / DEPUTATIONS / PRESENTTIONS / SUBMISSIONS............................................. 5 11. REPORTS OF COMMITTEES OF COUNCIL ............................................................................... 5 12. REPORTS OF COUNCIL DELEGATES ON EXTERNAL COMMITTEES ..................................... 5 13. REPORTS FROM COUNCILLORS .............................................................................................. 6 14 OFFICE OF THE CHIEF EXECUTIVE OFFICER ......................................................................... 7 14.1 WALGA Annual General Meeting and WA Local Government Convention 2021 .......................... 7 14.2 Review of Shire of Pingelly Town Planning Scheme .................................................................... 9 14.3 Shire of Pingelly Bushfire Risk Management Plan ...................................................................... 13 14.4 Approval of Donation Agreement ................................................................................................ 16 14.5 Donation to Lord Mayors Distress Appeal ................................................................................... 18 14.6 Request for Event Funding ......................................................................................................... 20 15. DIRECTORATE OF CORPORATE AND COMMUNITY SERVICES........................................... 24 15.1 Monthly Statement of Financial Activity – December 2020 ......................................................... 24 15.2 Monthly Statement of Financial Activity – January 2021 ............................................................. 27 15.3 Accounts Paid by Authority – December 2020 & January 2021 .................................................. 30 16. DIRECTORATE OF TECHNICAL SERVICES ............................................................................ 32 16.1 Proposed Shed Extension .......................................................................................................... 32 16.2 Proposed Second Shed .............................................................................................................. 37 16.3 Proposed Partial Permanent Closure of Scudds Lane ................................................................ 40 17. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........... 44 18. NEW BUSINESS OR URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING 44 18.1 Amendment to Legislation – Code of Conduct Requirements .................................................... 44 19. CLOSURE OF MEETING ........................................................................................................... 46 2
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 1. DECLARATION OF OPENING / ANNOUNEMENT OF VISITORS The Chairman declared the meeting open at 2pm. 2. ACKNOWLEDGEMENT OF COUNTRY We acknowledge the Noongar people of this area and recognise their continuing connection to land, waters and community. We pay respect to both the Aboriginal and non-Aboriginal people past, present and emerging. 3. ANNOUNCEMENTS BY THE PRESIDING MEMBER Nil. 3.1 Council Agenda Reports Please note that all elected members have been provided with the relevant information pertaining to each Officers reports within today’s Agenda and the Officer Recommendations are based on Council Policy and/or State Acts and Legislation. 4. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE MEMBERS PRESENT Cr W Mulroney (President) Cr J McBurney (Deputy President) Cr B Hotham Cr P Narducci Cr D Freebairn Cr K Hastings Cr A Oliveri Cr P Wood STAFF IN ATTENDANCE Ms J Burton Chief Executive Officer Mrs D Sweeney Executive Manager Corporate Services Mr D Watkins Executive Manager Technical Services Mrs L Boddy Executive Assistant Mr S Kempton Community Development Officer (until 2.46pm) VISITORS No members of the public present. APOLOGIES Nil 5. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE N/A 6. PUBLIC QUESTION TIME No members of the public present. 7. APPLICATIONS FOR LEAVE OF ABSENCE Nil 8. DISCLOSURES OF INTEREST 3
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 9. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 9.1 Ordinary Meeting – 9 December 2020 Statutory Environment: Section 5.22 of the Local Government Act provides that minutes of all meetings are to be kept and submitted to the next ordinary meeting of the council or the committee, as the case requires, for confirmation. Voting Requirements: Simple Majority 12953 Moved: Cr Oliveri Seconded: Cr Hotham Recommendation and Council Decision: That the Minutes of the Ordinary Meeting of the Council of the Shire of Pingelly held in the Council Chambers on 9 December 2020 be confirmed. Carried 8:0 4
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 10. PETITIONS / DEPUTATIONS / PRESENTTIONS / SUBMISSIONS 11. REPORTS OF COMMITTEES OF COUNCIL • Audit Committee Full Council • Pingelly Recreation & Cultural Committee Member – Shire President Deputy – Deputy President • Bushfire Advisory Committee Member – Cr Freebairn Deputy – Cr Hotham • Chief Executive Officer Performance Review Committee Member – Shire President Member – Deputy President Member – Cr Hastings 12. REPORTS OF COUNCIL DELEGATES ON EXTERNAL COMMITTEES • Central Country Zone of WALGA Delegate – Shire President Delegate – Deputy President Deputy – Cr Wood • Hotham-Dale Regional Road Sub-Group Delegate – Shire President Deputy – Cr Oliveri • Development Assessment Panel Delegate – Shire President Delegate – Cr Wood Deputy – Cr McBurney Deputy – Cr Hotham • Pingelly Tourism Group Delegate – Cr Hotham Deputy – Cr Oliveri • Regional Waste Group Delegate – Cr Mulroney Deputy – Cr Wood • Shires of Pingelly and Wandering Joint Delegate – Shire President Local Emergency Management Committee Deputy – Cr Freebairn • Pingelly Youth Network Delegate – Cr Hastings Deputy – Cr McBurney • Pingelly Somerset Alliance Delegate – Shire President Deputy – Cr McBurney • Pingelly Early Years Network Delegate – Cr Hastings 5
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 13. REPORTS FROM COUNCILLORS Cr William Mulroney (President) Meetings attended: December 14th Pingelly Primary School Awards Presentation 16th Visit Pingelly Men’s Shed informal presentation 16th Phone call with Office of Auditor General Department regarding closure 2019-2020 Audit 18th Shire’s Christmas Lunch with Councillors and staff January 19th Meeting - President and CEO re Australia Day Events 26th Australia Day Breakfast, Citizenship ceremony - Australia Day Awards, Community Person and Sportsperson award for 2020 26th Council - Australia Day activities and Lunch at Pingelly Swimming Pool 26th Australia Day Awards and prize presentation - Pingelly Bowling Club at PRACC 27th President, Deputy President and CEO meeting update on Council activities February 9th President and CEO phone conversation regarding Pingelly Oval 10th Agenda Briefing President and CEO 10th PRACC Board Meeting 11th Special Council Meeting and Audit Committee Meeting 17th February Ordinary Council Meeting 6
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 14 OFFICE OF THE CHIEF EXECUTIVE OFFICER 14.1 WALGA Annual General Meeting and WA Local Government Convention 2021 File Reference: ADM0088 Location: Not Applicable Applicant: Not Applicable Author: Chief Executive Officer Disclosure of Interest: Nil Attachments: Nil Previous Reference: Nil Summary For Council to nominate two (2) Council voting delegates for the 2021 WALGA Annual General Meeting, to be held in Perth on 20 September 2021, as part of the Annual Local Government Convention (19-21 September). Background The 2021 WA Local Government Convention & Trade Exhibition (Local Government Week) will be held Monday and Tuesday 20 -21 September 2021 at the Crown Perth, with the Opening Welcome Reception being held on the evening of Sunday 19 September 2021. In accordance with previous Local Government Weeks, WALGA will hold its Annual General Meeting, to discuss and consider local government industry issues during the Convention. Each member Council of WALGA has the ability to elect two (2) voting delegates to participate at the WALGA Annual General Meeting (non-voting delegates are also able and encouraged to attend). Comment Attendance at the annual WA Local Government Convention is open to all Councillors. Registration fees, travel and accommodation expenses will be paid by the Shire in advance for any Elected Member(s) attending the WA Local Government Convention. As a member of WALGA, it is important that Council also attend WALGA’s Annual General Meeting, requiring the election of voting delegates by Council. Consultation Nil Statutory Environment Nil Policy Implications Policy 4.10 Councillor Training Policy notes that WALGA training is an eligible training activity for Councillors. Financial Implications Anticipated costs are approximately $2,500 per delegate comprising registration of $1,750; accommodation of approximately $600 per delegate, plus meals and other miscellaneous expenses. Strategic Implications Goal 5 Innovation Leadership and Governance Outcome 5.8 A strong corporate governance framework is maintained Strategy 5.8.2 Ensure compliance with legislative requirements and excellence in business performance 7
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Risk Implications Risk Risks relevant to this decision of Council are relatively low, and include the financial impact of the convention, and the reputational risk if no delegates were present to vote at the WALGA AGM. Risk Rating (Prior to Treatment or Control) Low (4) Principal Risk Theme Financial, Reputational Risk Action Plan (Controls or Treatment Nil Proposed) Risk Matrix Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) Voting Requirements Simple Majority 12955 Moved: Cr Hastings Seconded: Cr Hotham Recommendation and Council Decision That Council 1. Nominate Councillors Mulroney and Hastings as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 20 September 2021. 2. Endorse Councillor/s Mulroney, Freebairn and Hastings to attend the 2021 Western Australian Local Government Convention. Carried 7:1 8
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 14.2 Review of Shire of Pingelly Town Planning Scheme File Reference: ADM0101 Location: Not Applicable Applicant: Not Applicable Author: Chief Executive Officer Disclosure of Interest: Nil Attachments: Report of Review Previous Reference: Nil Summary Council is requested to approve the Report of Review which has been prepared to satisfy the requirements under Regulations 65 and 66 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), for the Shire of Pingelly to carry out a review of its Local Planning Scheme No.3. Background Pursuant to Part 6, Division 1 of the Regulations, the local government is required to review its Local Planning Scheme at five year intervals. The review process commences with the local government preparing a “Report of Review” and making recommendations to the Western Australian Planning Commission (WAPC) on how to proceed. In particular, the report must make recommendations on the following: • Whether the scheme: o is satisfactory in its existing form; or o should be amended; or o should be repealed and a new scheme be prepared in its place. and • Whether the local planning strategy for the scheme: o is satisfactory in its existing form; or o should be reviewed; or o should be repealed and a new strategy prepared in its place. Comment The Regulations require the local government to review its Local Planning Scheme and Strategy every five years to ensure that the documents are current and reflect the requirements and directions of the State Planning Framework. The Shire of Pingelly Local Planning Scheme No. 3 (LPS3), provides the legal framework for assessing planning proposals while the Local Planning Strategy (LPS) provides a longer term strategic vision for how the Shire could develop. The intent is to allow the LPS3 to be amended from time to time to accommodate development and land uses that align with settlement patterns shown in the LPS. The following section provides a summary of the “Report of Review” (as attached). Deemed Provisions The Regulations have ‘Deemed Provisions’ which automatically apply to every local government in Western Australia, and override some sections of the Shire’s existing Scheme. Where there is a conflict between the Shire’s Scheme and the ‘Deemed Provisions’, then the Regulations prevail. The ‘Deemed Provisions’ mainly cover administrative procedures and common planning requirements such as: 9
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 a. The process for making, amending or revoking a Local Planning Policy; b. Heritage Protection; c. The process for Structure Plans (which guide larger sized subdivisions); d. Listing development that requires planning approval and exemptions from planning approval; e. A generic state wide planning application form; f. The information to be lodged with a development application; g. Advertising procedures; h. Processes for dealing with development applications, including the ‘Matters to be considered by the Local Government’; i. Powers of Local Governments; and j. Delegations by Local Government. The ‘Deemed Provisions’ also include a section on mapping which dictates the zones, reserves and colours that can be used on any Scheme Map. There are whole sections of the LPS3 text that have become redundant and have been replaced by clauses in the ‘Deemed Provisions’ of the Regulations Model Provisions The Regulations contain a template of a Local Planning Scheme text which outlines what the WAPC considers to be the ideal format for any new or amended Scheme. The template is known as the ‘Model Provisions for Local Planning Schemes’. The Regulations use the more modern term ‘Local Planning Scheme’ instead of ‘Town Planning Scheme’. Some of the Model Provisions are essentially fixed (i.e. the WAPC will not support any variations). An example is that there are set zones and reserves that can be used in a Scheme. There are also set objectives for zones and reserves that have to be utilised. While not stated by the WAPC, the long-term outcome will be that most Local Planning Schemes throughout the State will have similar formats, with consistent zones, reserves and scheme text format. There are some areas within the Model Provisions where local governments can include their own local requirements, such as development controls (like site requirements), and exemptions for development from the need for planning approval. The Report of Review (attached) has been prepared to satisfy the requirements of the Regulations. This Report shows that that LPS3 and LPS are generally satisfactory, however, due to the significant changes in the Model Scheme Text, a new Scheme is expected to be an efficient way to incorporate the required changes. Ordinarily, a review of a Local Planning Strategy is completed initially, with the Local Planning Scheme following. Given Pingelly’s circumstances are that the Scheme is outdated, while the Strategy in comparison provides solid future direction, the WAPC are likely to approve the review of the Scheme in the first instance. The review of the Strategy could occur in the future, with the DPLH indicating that they may be able to assist with the review at a nil or subsided cost to the Shire. Consultation The Regulations do not require public consultation during the preparation of a ‘Report for Review’, however, clause 67 (2) of the Regulations does require the advertising of the decision by the WAPC and making the “Report of Review” available for inspection at its office. Depending on the direction approved by the WAPC, future stages of the review process will require comprehensive advertising/consultation with government agencies and the community. 10
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Statutory Environment Part 5 of the Planning and Development Act 2005 (the Act) provides local governments with the power to make and review local planning schemes. Division 5 of Part 5 of the Act specifically addresses matters associated with the review of local planning schemes. The Act is supported by the Regulations. Attachment 2 provides details of Part 6, Division 1 – Review and consolidation of local planning schemes. Policy Implications Changes to the Local Planning Scheme may necessitate a number of policy amendments. Financial Implications A review of the Shires Local Planning Scheme may require an additional allocation of funds for planning consultant’s advice and assistance. If mapping changes are required, it may be necessary to allocate funding for external drafting, depending on the availability of staff from the Department of Planning Lands and Heritage. Strategic Implications Goal 3 Built environment Outcome 3.2 New development (including commercial) is of a high quality and contributes positively to the character and appearance of the town. Strategy 3.2.3 Plan for appropriate location of activities within the Shire, in a way that is consistent with the community’s vision for the future Action 3.2.3.1 Review the Town Planning Scheme Risk Implications Risk The key risk in relation to an outdated TPS, that is not in line with the model provisions, is that decisions by the Shire may be inconsistent with those made by the Department of Planning Lands and Heritage, and may be difficult to apply to modern land uses. Risk Rating (Prior to Treatment or Control) Medium (9) Principal Risk Theme Reputational Risk Action Plan (Controls or Treatment Nil Proposed) Risk Matrix Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) Voting Requirements Simple Majority 11
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 12956 Moved: Cr Narducci Seconded: Cr Freebairn Recommendation and Council Decision That Council: 1. Pursuant to Part 6, Division 1, Sections 66(1)(b) and (c) of the Planning and Development (Local Planning Schemes) Regulations 2015 approves the “Report of Review” (as attached) and provides a copy to the Western Australian Planning Commission. 2. Recognises the need to modernise its key land use planning instruments and seeks the support of the Western Australia Planning Commission to determine the most effective and efficient approach that minimises costs to the Shire. 3. Subject to point 2, the Shire of Pingelly Local Planning Scheme No.3 should be either be: a) Updated through an omnibus amendment (text and maps); or b) Repealed and a new Shire of Pingelly Local Planning Scheme No. 4 prepared in its place to reflect the Regulations. 4. Agrees that the Shire of Pingelly Local Planning Strategy should be reviewed including that the Strategy is to only focus on the Shire of Pingelly (and not the Shires of Narrogin and Wickepin) and it is to review opportunities to facilitate additional industrial/transport logistic development. Carried 8:0 12
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 14.3 Shire of Pingelly Bushfire Risk Management Plan File Reference: ADM0057 Location: Not Applicable Applicant: Not Applicable Author: Chief Executive Officer Disclosure of Interest: Nil Attachments: Draft Bushfire Risk Management Plan Previous Reference: Nil Summary Council is requested to consider the adoption of the Shire of Pingelly Bushfire Risk Management Plan 2020-2025, which has been reviewed and supported by the Office of Bushfire Risk Management (OBRM). Background The Shire of Pingelly Bushfire Risk Management Plan 2021-2026, has been developed in accordance with the requirement of the Guidelines for Preparing a Bushfire Risk Management Plan (BRMP), which is consistent with the policies of the State Emergency Management Committee. The BRMP is a living document that Local Governments are required to produce under the State Hazard Plan for Fire. It details the risk from bushfire to identified assets, allows treatment to be applied and records maintained of all works completed. Once approved by the Office of Bushfire Risk Management (OBRM), it also qualifies the Shire as eligible to apply for funding under the Mitigation Activity Fund (MAF). The BRMP is a strategic document that identifies assets at risk from bushfire and their priority for treatment. The resulting ‘Treatment Schedule’ sets out a broad program of coordinated multi-agency treatments to address risks identified in the BRMP. Government agencies, and other land managers responsible for implementing treatments, participate in developing the BRMP to ensure treatment strategies are collaborative and efficient, regardless of land tenure. Treatments will be guided by risk priority, not land tenure, and will not be limited to local government managed lands. Mitigation Activity Funds can, however, only be used on local government vested/managed land /reserves. The objectives of the BRMP are to: o Guide and coordinate a tenure blind, multi-agency bushfire risk management program over a five year period; o Document the process used to identify, analyse and evaluate risk, determine priorities and develop a plan to systematically treat risk; o Facilitate the effective use of the financial and physical resources available for bushfire risk management activities; o Integrate bushfire risk management into the business processes of local government, land owners and other agencies; o Ensure there is integration between land owners and bushfire risk management programs and activities; and o Monitor and review the implementation of treatments to ensure treatment plans are adaptable and risk is managed at an acceptable level. Following Councils approval and formal adoption, the draft BRMP will be submitted to the OBRM to ensure that it meets the required standard as per the Bushfire Risk Management Planning – Guidelines for Preparing a Bushfire Risk Management Plan. Where no significant changes are suggested, the draft will become the final Plan. 13
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Following the BRMP being reviewed and approved by the Office of Bushfire Risk Management (OBRM) the Shire will be eligible to apply under the MAF, for monies to complete the identified treatments. Comment There were a total of 268 assets identified for the BRMP assessments covering four (4) Asset Categories (Human Settlement, Economic, Environmental and Cultural). The assets were assessed by DFES in consultation with local stakeholders, on the likelihood rating and the consequence. The assessment also took into consideration the bushfire hazard based on the Classification of Vegetation, Separation Distance and the Slope Rating of the topography. From this assessment, a Risk Evaluation was formulated identifying the risk category and the treatment priority for each of the assets. Assets listed as High, Very High and Extreme will require treatment. This will be developed in consultation with land owners and other stakeholders, with a treatment schedule to be completed within six months of the BRMP being endorsed by Council. Within six months of adoption by the Council, the Shire of Pingelly is required to finalise the Treatment Schedule in the Bushfire Risk Management System (BRMS) and provide written notification to OBRM. It is not necessary to provide further updates to OBRM if any individual treatments are subsequently added, edited, rescheduled or deleted from the original schedule after this time. As per the Guidelines, at the end of each financial year, the Shire of Pingelly will be required to prepare and submit a report to OBRM detailing progress against the BRM Plan. The annual report is a standard report generated within BRMS and comments may be added to the report to provide further context. Consultation Discussions have been undertaken with key stakeholders, including: • DFES Bushfire Risk Planning Coordinator • Department of Fire Emergency Services • Chief Bushfire Control Officer • Community Emergency Services Manager Statutory Environment As per obligations under section 2.2.7 of the State Hazard Plan for Fire, an integrated Bushfire Risk Management Plan is to be developed for Local Government areas with significant bushfire risk. Policy Implications Nil Financial Implications There is funding available annually through the Mitigation Activity Funding, and this will be the primary source of funding. The funding available is for the initial treatment to reduce the fire risk, and thereafter it will the responsibility of the Shire for ongoing maintenance. Funding under the MAF will have a resource implication for the Shire’s Volunteer Bushfire Brigades, DFES Town Brigade and associated volunteers. In addition, managing the projects funded under the MAF will impact internal staff resources. 14
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Strategic Implications Goal 2 Community Outcome 2.3 People feel that their community is safe for all, free of nuisance and protected from risk of damage Strategy 2.3.2 Act to reduce the risk of bush fire and be prepared in case of bush fire, in terms of emergency response and disaster recovery. Action 2.3.2.1 Prepare a Bushfire Risk Mitigation Plan in conjunction with DFES. Risk Implications Risk Should Council decide not to endorse the BRMP it would place the Shire in default of its obligations under the State Hazard Plan requirements. This poses a significant reputational risk should a disaster occur. Risk Rating (Prior to Treatment or Control) High (12) Principal Risk Theme Reputational, Health Risk Action Plan (Controls or Treatment Following endorsement of the BRMP, funding will Proposed) be sought through the Mitigation Action Fund, to reduce identified risks. Risk Matrix Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) Voting Requirements Simple Majority 12957 Moved: Cr Narducci Seconded: Cr McBurney Recommendation and Council Decision That Council adopt the draft Bushfire Risk Management Plan 2021 – 2026, noting that this draft Plan will become final, subject to feedback from the Office of Bushfire Risk Management not suggesting any consequential amendments. Carried 8:0 15
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 14.4 Approval of Donation Agreement File Reference: ADM0012 Location: Not Applicable Applicant: Not Applicable Author: Chief Executive Officer Disclosure of Interest: Nil Attachments: Draft Donation Agreement Previous Reference: Nil Summary Council is requested to endorse the draft Agreement between the Shire of Pingelly and Mr Neil and Mrs Yvonne Gill for the donation of a collection of sulkies and buggies, and other items. Background Mr Neil and Mrs Yvonne Gill have offered to donate a collection of historical items to the Shire of Pingelly. The majority of the Collection are sulkies and buggies ranging from 1910 to 1925. The full inventory list is attached. Comment This project commenced in May 2020, with Mr Gill making contact with the Shire to determine if there was interest in obtaining the collection for the purposes of a group display. Since this initial contact, staff as well as Councillors have viewed the collection, and the details of the agreement, potential location for the display, and associated timing have progressed. The draft Agreement represents the intent of the donor, and the responsibilities of the Shire of Pingelly in accepting and caring for the items. The Shire of Pingelly will have until 30 June 2022 to substantially commence the project. Consultation Extensive consultation has taken place with the Donors, in order to ensure the agreement meets their needs and future goal for the Collection. Statutory Environment Nil Policy Implications Nil Financial Implications Insurance – annually estimated at $200 for the inventory. Further insurance implications will arise from the construction of a facility in which to house the items. The cost to construct and maintain a facility (shed), as well as associated landscaping and pathways will add to the annual operational expenses of the Shire. Strategic Implications Goal 1 Economy Outcome 1.1 The Shire experiences significant new business growth and employment and is known widely as an innovative and collaborative community which is attracting new population and investment. Strategy 1.1.4 Support the development and promotion of key messages for use by the community, the Shire and businesses, to convey Pingelly S economic and community vision, the steps being taken to achieve it, and the benefits of living, working, investing in, or visiting the area. Action 1.1.4.2 Implement initiatives from the Tourism Strategy. 16
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Risk Implications Risk The key risks are the financial implications and timing associated with substantially commencing the project by 30 June 2022. A secondary risk is where a decision is made not to carry out the project, resulting in the potential of negative community comment. Risk Rating (Prior to Treatment or Control) Medium (6) Principal Risk Theme Financial, Reputational Risk Action Plan (Controls or Treatment Tenure of land will be progressed as soon as the Proposed) Department of Planning Lands and Heritage advises this can commence. A funding strategy with potential avenues for grant funding will be considered over the coming months. Risk Matrix Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) Voting Requirements Simple Majority 12958 Moved: Cr Hotham Seconded: Cr Hastings Recommendation and Council Decision That Council endorses the draft Agreement, as attached, detailing the donation of a collection of sulkies, buggies and other items from Mr Neil and Mrs Yvonne Gill, to the Shire of Pingelly. Carried 8:0 17
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 14.5 Donation to Lord Mayors Distress Appeal File Reference: ADM0012 Location: Not Applicable Applicant: Not Applicable Author: Chief Executive Officer Disclosure of Interest: Nil Attachments: Nil Previous Reference: Nil Summary Council is requested to consider a donation to the Lord Mayors Distress Appeal for the Wooroloo and Hills Bush Fires. Background The Lord Mayor's Distress Relief Fund was established in 1961 to provide relief of personal hardship and distress arising from natural disasters occurring within Western Australia. The perpetual fund is a registered charitable body and has approval of the Australian Taxation Office for tax deductibility of contributions. The Fund provides permanent and supplementary funds for the alleviation and relief of distress, suffering and hardships, brought about by any disaster or emergency that has been declared by the Western Australian Government through the State Emergency Service. The Lord Mayor’s Distress Relief Fund can offer immediate financial assistance and advice in the event of such a disaster. Appeals administered by the Fund raise money to assist those suffering hardship as well as helping residents repair their properties and restore normal living conditions. Communities across the State, interstate and overseas have been assisted by the Fund when facing adversity resulting from such natural disasters as floods, bushfires and cyclones. Comment Following the recent Wooroloo and Hills bushfire, which resulted in the loss of 81 properties, Council have the opportunity to express their support to all individuals and families affected, by way of a monetary donation to the Lord Mayor’s Distress Relief Fund. The Fund has been reactivated to raise and coordinate donations to support the victims of the fires, with the costs of administering the fund being absorbed by the City of Perth. Consultation Shire President Statutory Environment Nil Policy Implications Nil Financial Implications Should Council agree to support the Relief Fund, $1,000 could be allocated from the Community Assistance Grants which has not been fully expended. Strategic Implications Goal Nil Outcome Nil Strategy Nil 18
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Risk Implications Risk As this is a one off donation the risk implication is considered low. There is the potential that another regional disaster could occur within the State in this financial year that Council may wish to support, with the inability to contribute further funds. Risk Rating (Prior to Treatment or Control) Low (4) Principal Risk Theme Reputational Risk Action Plan (Controls or Treatment No further actions proposed. Proposed) Risk Matrix Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) Voting Requirements Absolute Majority Moved: Cr Hotham Seconded: Cr Wood Recommendation That Council support a donation of $1,000 from the 2020/21 Budget (Community Grant Scheme Allocation) to the Lord Mayor’s Distress Relief Fund, in support of those impacted by the Wooroloo and Hills Bush Fire. Amendment Moved: Cr Freebairn Seconded: Cr Hastings That Council support a donation of $4,000 from the 2020/21 Budget (Community Grant Scheme Allocation) to the Lord Mayor’s Distress Relief Fund, in support of those impacted by the Wooroloo and Hills Bush Fire. Carried 8:0 12959 COUNCIL DECISION That Council support a donation of $4,000 from the 2020/21 Budget (Community Grant Scheme Allocation) to the Lord Mayor’s Distress Relief Fund, in support of those impacted by the Wooroloo and Hills Bush Fire. Carried 8:0 Reason for change: Council decided, due to the significant support the Shire of Pingelly received following the 1997 fires from the Lord Mayors Distress Appeal, that a higher amount would be suitable. 19
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 14.6 Request for Event Funding File Reference: ADM0051 Location: Not Applicable Applicant: Not Applicable Author: Community Development Officer Disclosure of Interest: Nil Attachments: Not Applicable Previous Reference: Not Applicable Summary Council is requested to endorse reallocating the remaining budget allocation for the 2020-21 Community Grant Scheme to support two new events in Pingelly with considerable community and economic benefit for the Pingelly community. Background Pingelly plays host to a variety of cultural, economic, sporting and artistic events to enrich the lifestyle of residents and enhance visitor experiences. Home to award-winning facilities and an abundance of natural attractions, the location of Pingelly is attracting attention of event organisers recognising the community’s capacity to host significant events which have potential to increase daytrip and weekend visitation to the community. Two pilot opportunities for Pingelly have recently emerged. One is the Western Australian Football League (WAFL) expressing interest in hosting a WAFL game consisting of South Fremantle and Peel Thunder Football Club at Pingelly Town Oval. The second opportunity is from the Esperance and Districts Working Sheep Dog Club seeking a new venue to facilitate two Sheepdog Trial Competitions per year in the lower Wheatbelt, and specifically Pingelly. As new events they require initial support and Council’s consideration to endorse support of these events is critical to the Shire’s emerging reputation for becoming the community of choice for event organisers seeking regional sites in the Wheatbelt close to the Perth Metropolitan Area. Previous community consultation undertaken to inform the Shire of Pingelly’s Community Strategic Plan 2020-30, Corporate Business Plan 2020-24 and Tourism Strategy 2020-24 identify events as an avenue to support Pingelly’s community and economic development. Comment The South Fremantle Football Club have requested funding of $2,000 to support a WAFL game for Premiership points in Pingelly at Town Oval against the Peel Thunder Football Club. The game has been fixtured for Saturday April 17 and is the brainchild of both the South Fremantle Football Club and the Upper Great Southern Football League. The game will be high-profile and promoted across the South Fremantle and Peel membership bases, along with the local Pingelly and surrounding community and the member clubs, participants and fans that compose the Upper Great Southern Football League. As well as the game itself, South Fremantle Football Club intends to hold a match- day luncheon, and an after-match function for fans and the two opposing football clubs. South Fremantle will also run a junior football clinic, either on the Saturday morning or the Sunday morning, allowing local juniors to receive skills tuition from South Fremantle WAFL players. A Festival of Footy for Pingelly. Specifically, the funding would directly support the hiring of a Coach (bus) for both the South Fremantle and Peel teams, which is travel a requirement of the game in-line with guidelines from the West Australian Football Commission. Any residual funds (though we anticipate bus hire will be approx. $1,000 per team) will be used to fund player post-game meals, to ensure that the community can celebrate post-game with the players, coaches and staff of each Club. 20
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 The Esperance and Districts Working Sheep Dog Club are proposing to facilitate two sheep dog trials per year at the Pingelly Recreation and Cultural Centre. There is an area, east of the Town Oval and north of the Shearing Sheds, with sufficient lateral clearance and suitable roadside access to stage the events. To deem the space suitable, a permanent fenced ground is required to be established. While this initial investment would be the responsibility of the Shire as landowner, the two meets per year are expected to bring over 1,000 visitors to Pingelly which will return significant economic and social benefit for the community. There is also potential to amalgamate one of the meets with the annual Pingelly Shears and build an agricultural show into Pingelly’s annual event program. The first event would intend to run during ANZAC Day long weekend in April 2021 with the second event in July 2021. Pending Council decision, the Pingelly Shears will coincide with the April 2021 event. The associated start up costs include: Qty Description Price each Total 2 x Stock Lock 7/90/30 200mtr Roll $ 370.00 $ 740.00 11 x 80/40 Strainers complete $ 104.50 $ 1,149.50 80 x Post Star Jio 165cm $ 7.95 $ 636.00 1 x Clip Post Jio Pkt 250 $ 44.00 $ 44.00 2 x Gate N Sure 3.6m $ 134.20 $ 268.40 1 x Gate Entry 1220mm $ 74.15 $ 74.15 6 x Gate Hinges SH80x25 $ 26.90 $ 161.40 $ 3,073.45 Following endorsement by Council as to the funding of the materials, the Pingelly Tourism Group will be approached to provide the labour component of the set-up. Consultation Cameron Britt, Chief Executive Officer of South Fremantle Football Club, has visited Pingelly and met with key staff from the Shire of Pingelly and Pingelly Recreation and Cultural Centre to formally discuss requirements for the WAFL game. The Esperance Sheep Dog Club Committee have also visited Pingelly to meet with key staff from the Shire of Pingelly, Pingelly Recreation and Cultural Centre, as well as volunteers from the Pingelly Tourism Group on-site. Statutory Environment N/A Policy Implications N/A Financial Implications Council endorsed a $15,000 allocation in the 2020/21 budget for the Community Grant Scheme. In Rounds 1 and 2 only $5,951.87 has been allocated leaving $9,048.13 available to be repurposed for other community uses. 21
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Strategic Implications Goal 1 Economy Outcome 1.1 The Shire experiences significant new business growth and employment and is known widely as an innovative and collaborative community which is attracting new population and investment. Strategy 1.1.1 Work with community groups, local business and other partners to explore and leverage opportunities for business development around the PRACC. Strategy 1.3 The right resources and infrastructure are in place to support business development, including an increase in visitors and visitor spend in the Shire. Strategy 1.1.1 Support local tourism infrastructure development Goal 2 Community Outcome 2.4 People have access to attractive community facilities, activities and events which support activity and health, community involvement and enjoyment of life. Strategy 2.4.1 Provide a range of community facilities and associated services in a way that maximises use and community activity. Strategy 2.4.2 Continue to develop the PRACC as a focal point for recreation and cultural activities. Strategy 2.4.4 Celebrate key annual national events and support a range of local community events. Outcome 2.5 The young, older people and people with disability feel valued and have access to resources which provide opportunities for their development and enjoyment Strategy 2.5.2 Advocate for and facilitate provision of services and resources to address issues experienced by young people and seniors. Risk Implications Risk The key risk from not supporting the two events is maligning from the community’s aspirations expectations for staging events as expressed in the Community Strategic Plan 2020-30, Corporate Business Plan 2020-24 and Tourism Strategy 2020-24. The events are critical in supporting the Pingelly Recreation and Cultural Centre establish itself as a venue of choice for events in its infancy, while navigating the disruptions incurred by COVID-19. Risk Rating (Prior to Treatment or Control) 9 Principal Risk Theme Reputational Risk Action Plan (Controls or Treatment Nil Proposed) Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) 22
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Voting Requirements Simple Majority 12960 Moved: Cr Hotham Seconded: Cr Narducci Recommendation and Council Decision Council is requested to approve: 1. $2,000 be allocated to South Fremantle Football club to facilitate the WAFL Game in April 2021. 2. $3,073.45 be allocated to establish a permanent fenced ground for the Esperance and Districts Working Sheep Dog Club. Carried 8:0 23
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 15. DIRECTORATE OF CORPORATE AND COMMUNITY SERVICES 15.1 Monthly Statement of Financial Activity – December 2020 File Reference: ADM0075 Location: Not Applicable Applicant: Not Applicable Author: Executive Manager Corporate Services Disclosure of Interest: Nil Attachments: Monthly Statements of Financial Activity for the period 1 December 2020 to 31 December 2020 Previous Reference: Nil Summary In Accordance with the Local Government Act 1995 Section 5.25 (1) and Local Government (Financial Management) Regulations 1996, Monthly Financial Statements are required to be presented to Council, in order to ensure that income and expenditure is in keeping with budget forecasts. The Monthly Statements of Financial Activity for the month of December 2020 are attached for Council consideration and adoption. This report now incorporates new Australian Accounting Standards Board (AASB) requirements effective from 1 July 2019. AASB 15 Revenue from Contracts with Customers (IFRS 15), AASB 1058 Income for Not-for Profit Entities, AASB 16 Lease replaces AASB 117 (IFRS 16). Background In order to prepare the monthly statements, the following reconciliations have been completed and verified: • Reconciliation of assets, payroll and taxation services; • Reconciliation of all shire’s bank accounts, including term deposits; • Reconciliation of Rates, including outstanding debtors; • Reconciliation of Sundry Creditors and Debtors; Comment The Monthly Financial report has been prepared in accordance with statutory requirements and provides council with their financial position as at 31 December 2020. Consultation Nil Statutory Environment Local Government Act 1995; Local Government (Financial Management) Regulations 1996 Section 34: Financial Reports to be Prepared (1) A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail - (a) Annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1) (b) or (c); (b) Budget estimates to the end of the month to which the statement relates; (c) Actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; (d) Material variances between the comparable amounts referred to in paragraphs (b) and (c); and (e) The net current assets at the end of the month to which the statement relates. 24
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 (2) Each statement of financial activity is to be accompanied by documents containing - (a) An explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets; (b) An explanation of each of the material variances referred to in sub regulation (1) (d); and (c) Such other supporting information as is considered relevant by the local government. (3) The information in a statement of financial activity may be shown - (a) According to nature and type classification; (b) By program; or (c) By business unit. (4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), is to be - (a) Presented to the council - (i) At the next ordinary meeting of the council following the end of the month to which the statement relates; or (ii) if the statement is not prepared in time to present it to the meeting referred to in subparagraph (i), to the next ordinary meeting of the council after that meeting; and (b) Recorded in the minutes of the meeting at which it is presented. (5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with AAS 5, to be used in statements of financial activity for reporting material variances. Policy Implications There are no policy implications. Financial Implications There are no significant trends or issues to be reported. The report and officer recommendation is consistent with Council’s adopted Budget 2020/21. Strategic Implications Goal 5 Innovation Leadership and Governance Outcome 5.6 Financial systems are effectively managed Strategy 5.6.1 Financial management and reporting systems are able to deliver on all administrative and management functions (including reporting) and long-term financial planning requirements Risk Implications Risk Failure to monitor the Shire’s ongoing financial performance would increase the risk of a negative impact on the Shire’s financial position. As the monthly report is a legislative requirement, non- compliance may result in a qualified audit. Risk Rating (Prior to Treatment or Control) Low (2) Principal Risk Theme Reputational / Legislative Risk Action Plan (Controls or Treatment Nil Proposed) Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) 25
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 Voting Requirements Simple Majority Sam Kempton left the room at 2.46pm and did not return. 12961 Moved: Cr Hotham Seconded: Cr McBurney Recommendation and Council Decision That with respect to the Monthly Statements of Financial Activity for the month ending 31 December 2020 be accepted and material variances be noted. Carried 8:0 26
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 15.2 Monthly Statement of Financial Activity – January 2021 File Reference: ADM0075 Location: Not Applicable Applicant: Not Applicable Author: Executive Manager Corporate Services Disclosure of Interest: Nil Attachments: Monthly Statements of Financial Activity for the period 1 January 2021 to 31 January 2021 Previous Reference: Nil Summary In Accordance with the Local Government Act 1995 Section 5.25 (1) and Local Government (Financial Management) Regulations 1996, Monthly Financial Statements are required to be presented to Council, in order to ensure that income and expenditure is in keeping with budget forecasts. The Monthly Statements of Financial Activity for the month of January 2021 are attached for Council consideration and adoption. This report now incorporates new Australian Accounting Standards Board (AASB) requirements effective from 1 July 2019. AASB 15 Revenue from Contracts with Customers (IFRS 15), AASB 1058 Income for Not-for Profit Entities, AASB 16 Lease replaces AASB 117 (IFRS 16). Background In order to prepare the monthly statements, the following reconciliations have been completed and verified: • Reconciliation of assets, payroll and taxation services; • Reconciliation of all shire’s bank accounts, including term deposits; • Reconciliation of Rates, including outstanding debtors; • Reconciliation of Sundry Creditors and Debtors; Comment The Monthly Financial report has been prepared in accordance with statutory requirements and provides council with their financial position as at 31 January 2021. Consultation Nil Statutory Environment Local Government Act 1995; Local Government (Financial Management) Regulations 1996 Section 34: Financial Reports to be Prepared (1) A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail - (a) Annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1) (b) or (c); (b) Budget estimates to the end of the month to which the statement relates; (c) Actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; (d) Material variances between the comparable amounts referred to in paragraphs (b) and (c); and (e) The net current assets at the end of the month to which the statement relates. 27
Shire of Pingelly – Ordinary Meeting of Council Minutes – 17 February 2021 (2) Each statement of financial activity is to be accompanied by documents containing - (a) An explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets; (b) An explanation of each of the material variances referred to in sub regulation (1) (d); and (c) Such other supporting information as is considered relevant by the local government. (3) The information in a statement of financial activity may be shown - (a) According to nature and type classification; (b) By program; or (c) By business unit. (4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), is to be - (a) Presented to the council - (i) At the next ordinary meeting of the council following the end of the month to which the statement relates; or (ii) if the statement is not prepared in time to present it to the meeting referred to in subparagraph (i), to the next ordinary meeting of the council after that meeting; and (b) Recorded in the minutes of the meeting at which it is presented. (5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with AAS 5, to be used in statements of financial activity for reporting material variances. Policy Implications There are no policy implications. Financial Implications There are no significant trends or issues to be reported. The report and officer recommendation is consistent with Council’s adopted Budget 2020/21. Strategic Implications Goal 5 Innovation Leadership and Governance Outcome 5.6 Financial systems are effectively managed Strategy 5.6.1 Financial management and reporting systems are able to deliver on all administrative and management functions (including reporting) and long-term financial planning requirements Risk Implications Risk Failure to monitor the Shire’s ongoing financial performance would increase the risk of a negative impact on the Shire’s financial position. As the monthly report is a legislative requirement, non- compliance may result in a qualified audit. Risk Rating (Prior to Treatment or Control) Low (2) Principal Risk Theme Reputational / Legislative Risk Action Plan (Controls or Treatment Nil Proposed) Consequence Insignificant Minor Moderate Major Catastrophic Likelihood 1 2 3 4 5 Almost Certain 5 Medium (5) High (10) High (15) Extreme (20) Extreme (25) Likely 4 Low (4) Medium (8) High (12) High (16) Extreme (20) Possible 3 Low (3) Medium (6) Medium (9) High (12) High (15) Unlikely 2 Low (2) Low (4) Medium (6) Medium (8) High (10) Rare 1 Low (1) Low (2) Low (3) Low (4) Medium (5) 28
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